Localism Bill (HL Bill 90)

4 In section 102 (appointment of committees) in subsection (1A) after “section”
insert “9EA or”.

5 In section 245 (status of certain districts, parishes and communities) in
subsections (1A) and (4A)(a) omit “or a mayor and council manager
5executive”.

6 (1) Section 270(1) (general provisions as to interpretation) is amended as
follows.

(2) In the definition of “elected mayor” after “has” insert “—

(a) in relation to England, the same meaning as in Part 1A of the
10Local Government Act 2000, and

(b) in relation to Wales,”.

(3) In the definition of “executive”, “executive arrangements” and “executive
leader” after “have” insert “—

(a) in relation to England, the same meaning as in Part 1A of the
15Local Government Act 2000, and

(b) in relation to Wales,”.

(4) In the definition of “leader and cabinet executive (England)” for “Part 2”
substitute “Part 1A”.

(5) In the definition of “mayor and cabinet executive” for “have” substitute
20“has—

“(a) in relation to England, the same meaning as in Part 1A of the
Local Government Act 2000, and

(b) in relation to Wales,”.

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

7 25In section 5 of the Crime and Disorder Act 1998 (authorities responsible for
crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the
definition of “the relevant provisions” after “section” insert “9F, 9FA or”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

8 The Local Government Act 2000 is amended as follows.

9 30In the heading of Part 2 (arrangements with respect to executives etc) for
“Arrangements” substitute “Local authorities in Wales:
arrangements”.

10 In section 10 (executive arrangements) after “local authority” (in both places)
insert “in Wales”.

11 (1) 35Section 11 (forms of local authority executives) is amended as follows.

(2) In subsection (2) for “In the case of any local authority in England or Wales,
the” substitute “The”.

(3) Omit subsection (2A).

(4) In subsection (3) for “In the case of any local authority in Wales, the”
40substitute “The”.

(5) In subsection (5)—

(a) for “In the case of a local authority in England or Wales, the”
substitute “The”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (8) after “leader and cabinet executive” insert “(Wales)”.

(7) 5In subsection (9)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) omit “in relation to Wales”.

(8) Omit subsection (9A).

(9) In subsection (10) omit “(2A)(a) or”.

12 (1) 10Section 12 (additional forms of executive) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a) for “him” substitute “them”, and

(c) in paragraphs (b) and (d) for “he considers” substitute “they
15consider”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)(a) for “Secretary of State” substitute “Welsh Ministers”.

13 (1) Section 13 (functions which are the responsibility of an executive) is
amended as follows.

(2) 20In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (9)(b) omit the words from “or section 236” to “England)”.

(5) In subsection (12) for “Secretary of State” substitute “Welsh Ministers”.

14 (1) Section 14 (discharge of functions: general) is amended as follows.

(2) 25In the heading for “general” substitute “mayor and cabinet executive”.

(3) In subsection (1) for the words from “of” to the end substitute “of a mayor
and cabinet executive are to be discharged in accordance with this section”.

(4) In subsections (2) to (5) for “senior executive member” (in each place that it
appears) substitute “elected mayor”.

(5) 30In subsection (6)—

(a) for “a senior executive member” substitute “an elected mayor”, and

(b) for “the senior executive member” substitute “the elected mayor”.

(6) Omit subsection (7).

15 In section 17 (discharge of functions: section 11(5) executive) in subsection
35(1) for “Secretary of State” substitute “Welsh Ministers”.

16 (1) Section 18 (discharge of functions by area committees) is amended as
follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (3) in the definition of “area committee” for the words from
“means—” to “in Wales,” substitute “means”.

(4) Omit subsections (4) and (5).

(5) In subsection (6) omit “in Wales”.

17 (1) 5Section 19 (discharge of functions of and by another local authority) is
amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) omit the words “(within the meaning of this Part)” in the first place
10they appear,

(c) for paragraph (a) substitute—

“(a) by a relevant authority (other than the local
authority), or”, and

(d) in paragraph (b) for “an executive of another local authority (within
15the meaning of this Part)” substitute “a relevant executive (other than
an executive of the local authority)”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “local authority (within the meaning of section 101 of that Act)”
20substitute “relevant authority in Wales”, and

(c) for “an executive of another local authority (within the meaning of
this Part)” substitute “a relevant executive (other than an executive
of the relevant authority)”.

(4) In subsection (3) for “local authority” substitute “relevant authority in
25Wales”.

(5) In subsection (4)—

(a) in paragraph (a)—

(i) for “an executive of a local authority” substitute “a relevant
executive”, and

(ii) 30after “the authority” insert “of which the executive is part”,

(b) in paragraph (b) for “local authority” substitute “relevant authority”,
and

(c) in paragraph (c) for “an executive of a local authority” substitute “a
relevant executive”.

(6) 35In subsection (8) for ““specified”” substitute “—

• relevant authority” means a local authority within the
  meaning of section 101 of the Local Government Act 1972;

• “relevant executive” means an executive of a local authority
  under either this Part or Part 1A;

• 40“specified””.

18 In section 20 (joint exercise of functions) in subsection (1) for “Secretary of
State” substitute “Welsh Ministers”.

19 (1) Section 21 (overview and scrutiny committees) is amended as follows.

(2) In subsection (2)(f)—

(a) 45omit “section 244 of the National Health Service Act 2006 or”,

(b) for “either of those sections” substitute “that section”, and

(c) for “the Act concerned, and as extended by the section concerned”
substitute “that Act, as extended by that section”.

(3) In subsection (2ZA) omit “in Wales”.

(4) 5In subsection (2A)—

(a) omit paragraphs (a) and (b), and

(b) in paragraph (e) for the words from “committee—” to “a joint
overview and scrutiny committee” substitute “committee”.

(5) In subsection (4)—

(a) 10for “21A to 21C” substitute “21A and 21B”, and

(b) omit the words from “or any functions” to the end.

(6) In subsection (10)—

(a) for “paragraphs 7 to” substitute “paragraph 8 or”, and

(b) omit “, unless permitted to do so under paragraph 12 of that
15Schedule”.

(7) In subsection (10A) omit “in Wales”.

(8) In subsection (13)—

(a) in paragraph (aa) omit the words from “by virtue of” to “England)
or”, and

(b) 20in paragraph (c) omit the words from the beginning to “in Wales”.

(9) In subsection (16)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in Wales”.

20 Omit section 21ZA (scrutiny officers).

21 (1) 25Section 21A (reference of matters to overview and scrutiny committees) is
amended as follows.

(2) In subsection (3) omit the words from “(in the case of a local authority in
England” to “Wales)”.

(3) In subsection (6)(a) omit the words from “section 236” to “2007 or”.

(4) 30Omit subsections (10) and (11).

(5) In subsection (12) omit “in Wales”.

22 Omit section 21C (reports and recommendations of overview and scrutiny
committees: duties of certain partner authorities).

23 (1) Section 21D (publication etc of reports, recommendations and responses:
35confidential and exempt information) is amended as follows.

(2) In subsection (1)(b) omit sub-paragraph (ii).

(3) In subsection (2) omit “or providing a copy of the document to a relevant
partner authority”.

(4) In subsection (6)—

(a) 40in the definition of “exempt information”—

(i) omit “section 246 of the National Health Service Act 2006 or”,
and

(ii) at the end insert “and”, and

(b) omit the definition of “relevant partner authority”.

24 5Omit section 21E (overview and scrutiny committees of certain district
councils: functions with respect to partner authorities).

25 (1) Section 21F (as inserted by the Local Government (Wales) Measure 2011
(nawm 4)) (Wales: notifying designated body of report or
recommendations) is amended as follows.

(2) 10In the title for “Wales: notifying” substitute “Notifying”.

(3) In subsection (1) omit “in Wales”.

26 Omit section 21F (as inserted by the Flood and Water Management Act 2010)
(overview and scrutiny committees: flood risk management).

27 In the title of section 21G (Wales: designated persons) for “Wales:
15designated” substitute “Designated”.

28 (1) Section 22 (access to information) is amended as follows.

(2) In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute
“Welsh Ministers”.

(3) In subsection (12A)—

(a) 20for the words from “Secretary” to “Wales),” substitute “Welsh
Ministers”, and

(b) in paragraph (a) omit the words from “, or under” to “section 21B,”.

29 Omit section 22A (overview and scrutiny committees of certain authorities
in England: provision of information etc by certain partner authorities).

30 25In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for
“Secretary of State” substitute “Welsh Ministers”.

31 (1) Section 27 (referendum in case of proposals involving elected mayor) is
amended as follows.

(2) In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State”
30substitute “Welsh Ministers”.

(3) In subsection (5) for “him” substitute “them”.

32 (1) Section 28 (approval of outline fall-back proposals) is amended as follows.

(2) In subsections (1) and (2) for “Secretary of State” substitute “Welsh
Ministers”.

(3) 35In subsection (3) for “Secretary of State approves” substitute “Welsh
Ministers approve”.

33 Omit section 31 (alternative arrangements).

34 Omit section 32 (alternative arrangements).

35 (1) Section 33ZA (Wales: changing governance arrangements) is amended as
40follows.

(2) In the heading for “Wales: changing” substitute “Changing”.

(3) Omit “in Wales,”.

36 Omit section 33A (executive arrangements).

37 Omit section 33B (executive arrangements: other variations of
5arrangements).

38 Omit section 33C (alternative arrangements: move to executive
arrangements).

39 Omit section 33D (alternative arrangements: variation of arrangements).

40 Omit section 33E (proposals by local authority).

41 10Omit section 33F (resolution of local authority).

42 Omit section 33G (implementation: new executive or move to executive
arrangements).

43 Omit section 33H (implementation: other change in governance
arrangements).

44 15Omit section 33I (general).

45 Omit section 33J (new form of executive or move to executive: general
requirements) and the italic heading immediately before it (further
requirements for certain changes).

46 Omit section 33K (changes subject to approval in referendum: additional
20requirements).

47 Omit section 33L (change not subject to approval in a referendum:
additional requirements).

48 Omit section 33M (cases in which change is subject to approval in
referendum).

49 25Omit section 33N (variation of mayoral executive).

50 Omit section 33O (interpretation) and the italic heading immediately before
it (miscellaneous).

51 (1) Section 34 (referendum following petition) is amended as follows.

(2) In subsections (1) and (2)(k) for “Secretary of State” substitute “Welsh
30Ministers”.

(3) In subsection (1A) for the words from “means—” to “Wales,” substitute
“means”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

52 (1) Section 35 (referendum following direction) is amended as follows.

(2) 35In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “him” substitute “them”.

(3) In subsection (2)(d) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

53 (1) Section 36 (referendum following order) is amended as follows.

(2) In subsections (1) and (2)(d) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (3) omit “or of any of sections 33A to 33O”.

54 5In section 37 (local authority constitution) in subsection (1)(a) for “Secretary
of State” substitute “Welsh Ministers”.

55 In section 38 (guidance) in subsection (1) for “Secretary of State” substitute
“Welsh Ministers”.

56 (1) Section 39 (elected mayors etc) is amended as follows.

(2) 10Omit subsection (2).

(3) In subsection (3) omit “in Wales”.

(4) In subsection (5B)(a) for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (5C) for the words from the beginning to “1972 are” substitute
“Section 21(1A) of the Local Government Act 1972 is”.

(6) 15After subsection (5C) insert—

“(5D) A statutory instrument containing regulations made under
subsection (5B)(a) is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”

(7) Omit subsection (6).

57 20In section 41 (time of elections etc) for “Secretary of State” substitute “Welsh
Ministers”.

58 Omit section 44A (election of leader: whole-council elections) and the italic
heading immediately before it (leader and cabinet executives (England)).

59 Omit section 44B (election of leader: partial-council elections).

60 25Omit section 44C (removal of leader).

61 Omit section 44D (term of office of leader: whole-council elections).

62 Omit section 44E (term of office of leader: partial council elections).

63 Omit section 44F (leader to continue to hold office as councillor).

64 Omit section 44G (no other means of electing or removing leader).

65 30Omit section 44H (regulations).

66 (1) Section 45 (provisions with respect to referendums) is amended as follows.

(2) In subsection (1) for the words from “authority—” to “in Wales” substitute
“authority”.

(3) In subsections (5), (6) and (8A) for “Secretary of State” substitute “Welsh
35Ministers”.

(4) In subsection (8B)—

(a) in paragraph (a)—

(i) for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and

(ii) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b)—

(i) 5for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “each House” substitute “the National Assembly for
Wales”.

(5) In subsection (8D)—

(a) in paragraph (a)—

(i) 10for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and

(ii) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b)—

(i) for “Parliament” substitute “the National Assembly for
15Wales”,

(ii) for “Secretary of State” substitute “Welsh Ministers”,

(iii) for “each House” substitute “the Assembly”, and

(iv) for “his” substitute “their”.

(6) In subsection (9) omit “or 33K”.

67 (1) 20Section 47 (power to make incidental, consequential provision etc) is
amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “he considers” substitute “they consider”.

(3) 25In subsection (4) omit “(including changes of the kinds set out in sections
33A to 33D)”.

(4) In subsection (6) omit paragraph (b).

68 (1) Section 48 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) 30in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)”
substitute “section 11(3)(a)”,

(b) in the definition of “local authority” for the words from “means—” to
“Wales, a county council” substitute “means a county council in
Wales”, and

(c) 35omit the definition of “ordinary day of election”.

(3) Omit subsection (1A).

(4) In subsection (2) omit paragraph (b).

(5) In subsection (3) omit paragraph (b).

(6) In subsection (7)—

(a) 40for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “him” substitute “them”.

69 In section 48A (functions of the Lord President of the Council) for “sections
44 and 45” substitute “section 44”.

70 (1) Section 105 (orders and regulations) is amended as follows.

(2) In subsection (6)—

(a) after “6,” insert “9HA, 9N,”, and

(b) for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “section
59BA, 9HG or 44”.

(3) After subsection (7) insert—

“(7A) If a draft of a statutory instrument containing an order under section
9HA or 9N would, apart from this subsection, be treated for the
purposes of the standing orders of either House of Parliament as a
10hybrid instrument, it is to proceed in that House as if it were not such
an instrument.”

71 In section 106 (Wales) in subsection (1) omit paragraph (a).

72 (1) Schedule 1 (executive arrangements: further provision) is amended as
follows.

(2) 15In the heading of the Schedule (executive arrangements: further provision)
after “arrangements” insert “in Wales”.

(3) In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute
“The”.

(4) Omit paragraph 1A and the heading immediately before it.

(5) 20In paragraph 6(1) for “Secretary of State” substitute “Welsh Ministers”.

(6) Omit paragraph 7.

(7) In paragraph 8—

(a) in sub-paragraph (1) omit—

(i) “Welsh”, and

(ii) 25“in Wales”,

(b) in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

(c) in sub-paragraphs (4) and (7) for “National Assembly for Wales”
substitute “Welsh Ministers”.

(8) In paragraph 9—

(a) 30in sub-paragraph (4) for “Secretary of State” substitute “Welsh
Ministers”,

(b) in sub-paragraph (5)(f) for “Secretary of State considers” substitute
“Welsh Ministers consider”,

(c) in sub-paragraph (6)(a)—

(i) 35for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “he considers” substitute “they consider”, and

(d) in sub-paragraph (6)(b) for “Secretary of State makes” substitute
“Welsh Ministers make”.

(9) In paragraph 10 omit “7,”.

(10) 40In paragraph 11 for “7” substitute “8”.

(11) Omit paragraphs 12 to 14 and the italic heading immediately before
paragraph 12 (overview and scrutiny committees: voting rights of co-opted
members).

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

73 The National Health Service Act 2006 is amended as follows.

74 In section 244 (functions of overview and scrutiny committees) after
subsection (4) insert—

“(5) 5In this section, section 245 and section 246 references to an overview
and scrutiny committee include references to—

(a) an overview and scrutiny committee of a local authority
operating executive arrangements under Part 1A of the Local
Government Act 2000 (executive arrangements in England),
10and

(b) an overview and scrutiny committee appointed by a local
authority under section 9JA of that Act (appointment of
overview and scrutiny committees by committee system
local authorities).”

75 (1) 15Section 245 (joint overview and scrutiny committees etc) is amended as
follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “Part 2” substitute “Part 1A”, and

(ii) 20for “section 21(2)(f)” substitute “section 9F(2)(f)”, and

(b) for paragraph (b) and the words from that paragraph to the end of
the subsection substitute—

“(b) in relation to a local authority operating a committee
system under that Part, are any corresponding
25functions which are or, but for regulations under this
section, would be, exercisable by an overview and
scrutiny committee of the authority appointed under
section 9JA of that Act.”

(3) In subsection (3)(b)—

(a) 30in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute
“sections 9F(5), 9FA, 9FC to 9FG and 9FJ”, and

(b) omit sub-paragraphs (ia) and (ib).

(4) In subsection (7) for “Section 21(4)” substitute “Section 9F(5)”.

(5) In subsection (8) for “Section 21(10)” substitute “Section 9FA(5)”.

76 35In section 246 (overview and scrutiny committees: exempt information) in
subsection (1)—

(a) after “relating to” insert “—

(a)”,

(b) for “section 21(2)(f)” substitute “section 9F(2)(f)”, and

(c) 40after “(c. 22)” insert “, or

(b) corresponding functions of an overview and scrutiny
committee appointed under section 9JA of that Act”.

77 (1) Section 247 (application to the City of London) is amended as follows.

(2) In subsection (1) for “section 21(2)(f)” substitute “section 9F(2)(f)”.